25/02/2026
Executor Responsibilities
An executor is the person or persons appointed in a will to administer the deceased’s estate in accordance with the terms of the will and the law. In Queensland, the role of executor is governed primarily by the Succession Act 1981 (Qld) and relevant common law principles.
Key Responsibilities of an Executor
1. Locating and Interpreting the Will
• Locate the original will and ensure it is the most recent version.
• Interpret the terms of the will and seek legal advice if any provisions are unclear.
2. Arranging the Funeral
• Organise the funeral and burial or cremation in accordance with the deceased’s wishes, if known.
• The executor may use estate funds to pay for reasonable funeral expenses.
3. Securing Estate Assets
• Identify, secure, and protect all assets of the estate (e.g., property, bank accounts, investments, personal belongings).
• Notify relevant institutions (banks, insurers, government agencies) of the death.
4. Applying for Probate (if required)
• Determine whether a grant of probate is necessary.
• Prepare and lodge the application for probate with the Supreme Court of Queensland, if required.
5. Identifying and Notifying Beneficiaries
• Identify all beneficiaries named in the will.
• Notify beneficiaries of their entitlements and keep them informed of the administration process.
6. Identifying and Paying Debts and Liabilities
• Ascertain all debts and liabilities of the estate, including outstanding bills, loans, and taxes.
• Arrange for payment of debts from estate funds before distributing assets to beneficiaries.
7. Managing Estate Assets
• Manage and, if necessary, sell or transfer estate assets in accordance with the will and legal requirements.
• Maintain proper records of all transactions and decisions.
8. Preparing Estate Accounts
• Prepare a detailed statement of assets, liabilities, income, and expenses of the estate.
• Provide accounts to beneficiaries if requested or required.
9. Distributing the Estate
• Distribute the estate to beneficiaries in accordance with the terms of the will, after all debts, taxes, and expenses have been paid.
• Obtain receipts or releases from beneficiaries as appropriate.
10. Taxation Obligations
• Lodge final tax returns for the deceased and the estate, if required.
• Pay any tax liabilities from the estate.
11. Defending the Estate
• Defend the estate against any claims or challenges, such as family provision applications or disputes regarding the validity of the will.
12. General Duties
• Act impartially and in the best interests of all beneficiaries.
• Avoid conflicts of interest and act with due care, diligence, and honesty.
The role of executor carries significant legal and practical responsibilities. Executors should seek professional advice if they are unsure about any aspect of their duties or if complex issues arise during the administration of the estate.
References
• Succession Act 1981 (Qld)
• Supreme Court of Queensland – Probate Registry
• Queensland Law Society – Executor’s Duties